Get free answers to your Small Claims legal questions from lawyers in your area.
In Henrico, VA - I had filed a small claims court case against my neighbor for damages, maxed at $5000. He has requested it be removed to general district court and has retained counsel. I suing my neighbor for damaging my front, side and back yard resulting in me paying out of pocket for... View More 
answered on Jul 27, 2020
By court rules, no lawyers are allowed in a small claims case matter in Virginia.
Contacted me yesterday. I want to make sure I do everything right!
Do we go to Clerk of Court to exchange money, does she bring $ to me then I contact courts its settled?
5 years have passed so its over $20k with the 6% interest. Can bankruptcy be filed to get out of it? But... View More
answered on May 26, 2020
At anytime in the process, the parties to the dispute can settle the dispute/judgment by one paying the other an amount of money that is agreed upon. A simple written and signed settlement agreement should be made part of the settlement to memorialized the agreement. After the funds have cleared... View More
If a police officers charges you with a crime but didn't spell the name on the summons or warrant correctly what happens?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2020
They will fix it for you if you tell them it's not spelled right.
I have phone recordings of both collections and bank. Wachovia says they stopped collections 2-3 years ago of statute of limitations.
answered on Apr 23, 2020
If the origin of the debt was in Virginia and was connected to a written agreement, there is a 5 year statute of limitations that applies to the debt. The Statute of Limitations defense is an affirmative defense so it must be raised after a lawsuit is filed.
answered on Jan 20, 2020
Generally in Virginia, a Warrant in Debt is served by the Sheriff or a Deputy Sheriff on the Defendant at that person's place of residence, however, it is possible to file a Motion based on good cause shown to request a judge to give permission for the Warrant in Debt to be served at the... View More
answered on Jan 20, 2020
Subject to the procedural and substantive rules of evidence that are followed in Court, it is possible that text messages will be admissible evidence in a trial in Virginia.
They moved in feb. Chased rent a few times. Late Sept they contacted landlord stating they would pay an extra 50 for being late on oct rent. They Contacted again in late oct goin to be late nov. But in nov made a partial payment for oct. Still no payment for nov. With promise to pay dec 21st.... View More
answered on Jan 20, 2020
The claim is for money owed. You can file a civil Warrant in Debt in the jurisdiction in which the premises is located and against the person who owes the money. Your hurdle may be to find the former roommates since the Court requires that person be served in order for the Curt to have jurisdiction... View More
We purchased bedroom and dining room furniture from Ashley furniture about a year ago. The furniture's cost us about $8000 plus insurance coverage of $600. In about a year, the coating of the furniture has been peeling off, the chairs legs are lose and the joints are broken. We reached out to... View More
answered on Dec 3, 2019
Virginia has some of the weakest consumer protection laws in the country.
One place to look for a lawyer who could be able to take it on is National Association of Consumer Advocates. https://www.consumeradvocates.org/find-an-attorney
answered on Nov 13, 2019
As a general matter, it's customary to do so if the damages are for anything substantial. It could be a showing of good faith to present more than one estimate, preferably from a person(s) or entity(s) with validation or credentials in the type of repairs involved. Good luck
Tim Akpinar
I stayed at a hotel and forgot my golden rings (about a 1000$ of value) in the bathroom right before I checked out. I called the hotel 30 min after I said I am coming back. 2 cleaning staff entered the room before I came ( one after another not together) They said they didn’t find it. The police... View More
answered on Nov 1, 2019
It would be a tough case. It's your word against theirs as to the disappearance of the rings. It could have been a different situation if they were presented to the front desk for safekeeping. You could consult with an attorney to see if after discussing the matter with you in greater detail... View More
answered on Oct 31, 2019
If you were an occupant in the premises and the lawsuit stated "John Doe and All Occupants" then you will not be able to dismiss the lawsuit.
Is it legal to deny me electricity for a stranger's debt?
answered on Jul 15, 2019
The amount of money involved is way too small to be of interest to most lawyers. FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex."
Pay the balance and then sue the... View More
I asked a company for an estimate on repairs. Instead they came & did the repairs. I have contested part of the bill as unknown terms. They want me to pay for their workers to load & unload the materials at their shop. A reasonable amount was offered & had to be in installments. I do... View More
answered on Jun 7, 2019
Either pay the amount claimed, negotiate a compromise and pay that or hunker down and wait.
They’ve sent checks & debit cards to other addresses despite our contact with their fraud department. We haven’t even been reimbursed yet for our checking & savings being wiped clean. While we were on the phone Friday locking down the accounts we watched as someone transferred our... View More
answered on Apr 9, 2019
This sounds like some sort of an insider electronic hacking situation. If the amount of money is worth it, try hiring a lawyer to take up the job of fighting with the USAA bureaucracy instead of you having to do it. The first order of business would be to move all the money you still have at USAA... View More
How can I get my money back?
I ordered it with my debit card, and the seller has not responded it's been 2 months since I ordered they didn't respond to my emails.
answered on Mar 20, 2019
Contact the bank or institution issuing the card to see if they have provisions for resolving or adjudicating disputes.
Tim Akpinar
How can Virginia enforce a tint violation on an out of state vehicle and get away with violating the right to pass law?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2019
Every driver in the US is required to comply with the individual requirements of each state they enter. When you enter a state you are required to abide by their laws. So if you bring marijuana that is legal to possess and use from one state where it's legal into a state where it's... View More
My plates had expired and my vehicle was towed from private property (my apartment complex). The towing company said they placed a notice on my car Tuesday, however I never seen a notice. Is it a time frame that they have to give me prior to towing the vehicle?
The landlord informed me that if the neighbor that flooded us does not repair the damages by the time my lease is over. I will be the sole person responsible. Is this correct?
Also, is it true that as a tenant, I am required to cover a portion of the damage cost with my insurance?
answered on Feb 5, 2019
The people who live upstairs are the negligent parties and are solely liable to the landlord for the damages whether before or after the end of your lease.
Renter's insurance may or may not have coverage for water damage caused by the upstairs neighbor. You should call the insurance... View More
I know I can take a mechanics lean out on car, but when I read the law it says I can take out a $1000.00 lean, is this true and if it is how can I go about getting the rest of what owed to me the invoice on car is for $4500.00.
Help in Virginia.... Part of the issue is there is a lien... View More
answered on Dec 13, 2018
The best way to attempt to recover the $4,500 is to file a small claims lawsuit in court.
answered on Nov 13, 2018
It is assumed that the losing party will not voluntarily pay the awarded amount. In that case, once the judgment awarded in your favor becomes final (the period of an appeal has passed), then the judgment creditor can enforce the judgment by filing and setting a court date for a Garnishment... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
